Fontilus v. Pereira

The Supreme Court properly denied those branches of the plaintiffs motion and cross motion which were for an award of an attorney’s fee pursuant to 22 NYCRR 130-1.1 (a). Contrary to the plaintiffs contention, an award of an attorney’s fee pursuant to 22 NYCRR 130-1.1 (a) was not warranted, inasmuch as the conduct of the defendant Dinkes & Schwitzer in the underly*1041ing personal injury action was not frivolous within the meaning of 22 NYCRR 130-1.1 (c) (see 22 NYCRR 130-1.1 [c]; Carrasquilla v City of New York, 78 AD3d 635, 639 [2010]; Joan 2000, Ltd. v Deco Constr. Corp., 66 AD3d 841, 842…